The jury had been deliberating for about three hours when Alevizos received notice about the juror's alleged misconduct.

Justin Adney, 36, is charged with four counts of rape, including one level 1 felony count, along with level 6 felony strangulation.

It's alleged the female victim in May of 2015 went to his home near Otis to lend him some money and was having consentual sex then stopped when Adney became too aggressive.

He then allegedly raped and brutally beat her.

Defense attorney Larry Rogers said the woman falsely accused his client in retaliation to Adney wanting to end their relationship.

He displayed a photo of her face taken by police after she reported the assault.

Rogers said the image reflected no bruising or any other serious injuries despite her claims she was hit dozens of times and dragged on the floor by her hair.

He also pointed out the woman had only some redness to the face despite being on blood thinners which often cause the skin to easily bruise.

''He could not have done what she said he did,'' said Rogers.

LaPorte County deputy prosecutor Atley Price said she would not put herself through the rigors a police investigation that included the taking of medical samples from personal areas of her body and photographs if she were lying.

''How much do you have to hate somebody to fabricate that,'' said Price, who added she loved Adney and was aware he wanted to break-up prior to the attack.

Adney has prior convictions for crimes like operating while intoxicated, public intoxication and a domestic related battery.

He currently has another charge of invasion of privacy for violating a protective order.

That case in LaPorte Superior Court 3 remains undecided, according to court records.